Loetscher v. Dillon
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. M. O. Matthews, Judge. Action to recover damages for tbe conversion of sixteen and two-thirds shares of the capital stock of a corporation known as the Dubuque Specialty Machine Works. On motion of defendant, without objection by plaintiff, the case was transferred to the equity docket. After a hearing on the evidence the court rendered judgment for plaintiff for $817.05 and costs, from which judgment each party appeals.
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Appeal from Dubuque District Court. — Hon. M. O. Matthews, Judge. Action to recover damages for tbe conversion of sixteen and two-thirds shares of the capital stock of a corporation known as the Dubuque Specialty Machine Works. On motion of defendant, without objection by plaintiff, the case was transferred to the equity docket. After a hearing on the evidence the court rendered judgment for plaintiff for $817.05 and costs, from which judgment each party appeals. Defendant, having first served notice of appeal, will be treated as appellant. —
1Opinion of the CourtMcClain, J.
This action was originally brought at law, and no reason is apparent on the record why it should *204have been transferred to the equity docket. Nevertheless, having been tried as an equity case, we must determine it ■de novo. Defendant’s appeal, although raising questions ■of fact only, involves the merits of the entire controversy, ■and will be first determined.
In January, 1894, plaintiff and defendant, with others, were stockholders in the Dubuque Specialty Machine Works, a corporation organized some years before "through the instrumentality of one Smith, who transferred to it certain patent…
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- Glenn F. Nelson, Sam Scheidler, and James E. Maloney, Suing on Behalf of Themselves, Individually, and (Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order Entered September 14, 1976 by Chief Judge Hanson) on Behalf of Members of a Class Consisting of All Persons Who Owned Common Stock of General United Group, Incorporated, an Iowa Corporation, Whose Common Stock Interest Was Terminated by a Purported Merger of General United Group, Incorporated, With Another Corporation on or After May 17, 1973, and the Heirs, Successors by Operation of Law, Legal Representatives, and Assigns of Such Persons, but Excluding Persons Named as in This Civil Action No. 75-100-2, and Also Excluding Those Persons Who Were Members of Plaintiffs' Class in the Case Entitled James Perry Lamb v. United Security Life Company, a Corporation, Civil Action No. 10-295-2 in This Court, and Also Excluding Those Persons Who Filed Timely Requests for Exclusion From the Class in This Civil Action No. 75-100-2 v. All American Life & Financial Corporation, a Corporation, All American Life & Casualty Company, a Corporation General United Group, Incorporated, a Corporation United Security Life Company, a Corporation General United Life Insurance Company, a Corporation, Jack Schroeder Dale H. Squiers Robert L. Busch Everette E. Ballard John W. Gardiner R. Dean Ballard Charles S. Northen, Jr. And John D. Scarlett. Glenn F. Nelson, Sam Scheidler, and James E. Maloney, Suing on Behalf of Themselves, Individually, and (Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order Entered September 14, 1976 by Chief Judge Hanson) on Behalf of Members of a Class Consisting of All Persons Who Owned Common Stock of General United Group, Incorporated, an Iowa Corporation, Whose Common Stock Interest Was Terminated by a Purported Merger of General United Group, Incorporated, With Another Corporation on or After May 17, 1973, and the Heirs, Successors by Operation of Law, Legal Representatives, and Assigns of Such Persons, but Excluding Persons Named as in This Civil Action No. 75-100-2, and Also Excluding Those Persons Who Were Members of Plaintiffs' Class in the Case Entitled James Perry Lamb v. United Security Life Company, a Corporation, Civil Action No. 10-295-2 in This Court, and Also Excluding Those Persons Who Filed Timely Requests for Exclusion From the Class in This Civil Action No. 75-100-2 v. All American Life & Financial Corporation, a Corporation, All American Life & Casualty Company, a Corporation General United Group, Incorporated, a Corporation United Security Life Company, a Corporation General United Life Insurance Company, a Corporation, All American Life Insurance Company, a Corporation, Jack Schroeder Dale H. Squiers Robert L. Busch Everette E. Ballard John W. Gardiner R. Dean Ballard Charles S. Northen, Jr. And John D. ScarlettCourt of Appeals for the Eighth Circuit · 1989
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